A Civil Religion for World Society: The Direct and Diffuse Effects of Human Rights Treaties, 1981–20071

Much research has concluded that human rights treaties have a null or negative effect on governments’ human rights practices. This article reexamines the influence of human rights treaties, with a focus on two kinds of treaty effects: direct—the effect of treaties on the countries that ratified them; and diffuse—the effect of treaties on countries regardless of ratification. My analysis of two prominent human rights treaties finds that they often reduce levels of repression and abuse over time and independently of ratification. Some of these effects are nonlinear, reversing direction as time elapses or as more countries become party to the treaties. These findings are interpreted with reference to world polity institutionalism in sociology, and especially the “Durkheimian” strains of this approach. Human rights norms as embodied in treaties operate as a kind of civil religion for world society. These norms not only have long‐term direct effects among countries that ritualistically ratify human rights treaties, but they also diffusely impact countries irrespective of formal endorsement.     

Human rights as myth and ceremony? Reevaluating the effectiveness of human rights treaties, 1981-2007

Much research has shown human rights treaties to be ineffective or even counterproductive, often contributing to greater levels of abuse among countries that ratify them. This article reevaluates the effect of four core human rights treaties on a variety of human rights outcomes. Unlike previous studies, it disaggregates treaty membership to examine the effect of relatively "stronger" and "weaker" commitments. Two-stage regression analyses that control for the endogeneity of treaty membership show that stronger commitments in the form of optional provisions that allow states and individuals to complain about human rights abuses are often associated with improved practices. The article discusses the scholarly and practical implications of these findings.     

Global Human Rights and State Sovereignty: State Ratification of International Human Rights Treaties, 1965–20011

This research seeks to understand the factors that lead nation‐states to ratify international human rights treaties in the contemporary world, despite their potential cost for state sovereignty. We argue that normative pressure from international society, along with historical contingencies during the Cold War, encouraged many states to ratify these treaties. We present an event‐history analysis of ratification of seven key international human rights treaties in 164 countries in the period between 1965 and 2001. The results lend support to the world society argument as well as to our historical argument and also specify that normative pressure and imitation have been important factors shaping states’ decisions to ratify international human rights treaties.     

Transnational status and cosmopolitanism: are dual citizens and foreign residents cosmopolitan vanguards?

Empirically growing transnationalism and normatively demanded cosmopolitanism may be closely connected when considered as different elements of new forms of citizenship beyond the single nation‐state. Do individuals with either full (dual citizenship) or partial (foreign resident) transnational status exhibit more cosmopolitanism than mono citizens? This article decodes the multidimensional character of cosmopolitanism using major democratic theories – liberalism, republicanism, and communitarianism. Multivariate regression analyses of data from a survey among mono citizens, dual citizens and foreign residents in Switzerland reveal that a transnational status is associated with cosmopolitanism in a differentiated way. Dual citizens and especially foreign residents are more likely than mono citizens to exhibit liberal cosmopolitanism; but only dual citizens having full political rights and opportunities in two countries are more likely to exhibit republican cosmopolitanism and only foreign residents excluded from the political community of residence are more likely to exhibit communitarian cosmopolitanism. Each of them can thus be considered as vanguards in specific ways. Our study furthermore demonstrates the added value of disaggregating both cosmopolitanism and transnationalism.     

Protecting and Benchmarking Migrants’ Rights: An Analysis of the Global Compact for Safe,Orderly and Regular Migration

The Global Compact for Safe, Orderly, and Regular Migration (GCM) was to be “guided by human rights law and standards” in recognition of the rights of international migrants, who are currently protected by an overlapping patchwork of treaties and international law. The GCM contains many laudable commitments that, if implemented, will ensure that states more consistently respect, protect, and fulfil the rights of all migrants and also that states incorporate data on migration into a more cohesive governance regime that does more to promote cooperation on the issue of international migration. However, many concerns remain. Using a legal analysis and cross‐national policy data, we find that the GCM neither fully articulates existing law nor makes use of international consensus to expand the rights of migrants. In its first section, this article provides a concise analysis of the GCM's compliance with a set of core principles of existing international human rights law regarding migrants. In the second section, we apply a novel instrument to create an objective, cross‐national accounting of the laws protecting migrants’ rights in various national legal frameworks. Focusing on a sample of five diverse destination and sending countries, the results suggest we are close to an international consensus on the protection of a core set of migrants’ rights. This analysis should help prioritize the work necessary to implement the GCM.     

Rights and the role of family engagement in child welfare: an international treaties perspective on families' rights, parents' rights, and children's rights

According to international human rights treaties, what rights do family members, parents, and children have in family engagement in child welfare decision-making? A socio-legal analytical approach produces a typology of rights, then applies the typology to eight countries' approaches to family engagement to show that strong bundles of rights are available in some countries, but not in others. This study reveals international treaties have articulated many rights necessary to family engagement, but some rights are missing.     

TECHNICAL AND INSTITUTIONAL STATES: Loose Coupling in the Human Rights Sector of the World Polity

While human rights treaties have become increasingly popular over the past quarter century, there has not been a corresponding improvement in human rights practices. This discrepancy implies that a country's formal pledge to uphold human rights principles is "loosely coupled" from its actual performance. In this study, I develop a model of loose coupling based on organizational research and apply it to the human rights sector of the world polity. Empirically, I identify a set of institutional states whose human rights practices fall short of their treaty commitments, as well as a set of technical states whose practices exceed their commitments. Analyzing an unbalanced data set with a maximum of 755 observations across 167 countries during the 1975 to 2000 period, I use random effects models to predict a state's location on the Human Rights Decoupling Index (HRDI). The findings illustrate the importance of several organizational concepts for predicting a state's HRDI score. In particular, the analyses reveal the countervailing effects of globalization. While economic globalization (i.e., trade and foreign investment) is associated with the technical (positive) end of the HRDI, cultural globalization (i.e., memberships in international organizations) is associated with the institutional (negative) end.     

Constraining Is Enabling? Exploring the Influence of National Context on Civil Society Strength

This article analyses the influence of national context on civil society strength based on four key dimensions: level of democracy, political stability, rule of law and economic development. Whereas existing studies mainly focus on Western and post-communist countries, we explicitly include developing countries in our analysis. We use associational membership as proxy for civil society strength and include data of 53 countries. Rule of law, economic development and (to a lesser extent) political stability emerge from our multilevel regression models as the main factors affecting civil society membership. Unlike previous studies, we show that these relations are quadratic instead of linear. This means that where existing theories predict a drop in memberships in developing countries, we find a rise. In other words, harsh conditions actually strengthen civil society in terms of membership levels. We argue that this could be the case because reasons for CSO membership are essentially different in the developed and in the developing world. Contrary to theoretical assumptions, democratic rights do not appear critically important for civil society membership.     

Protection of Migrants' Human Rights: Principles and Practice

In principle, migrants enjoy the protection of international law. Key human rights instruments oblige the States Parties to extend their protection to all human beings. Such important treaties as the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights have been ratified by more than 140 states, but many political, social or economic obstacles seem to stand in the way of offering those rights to migrants. In an attempt to bridge this protection gap, the more specifically targeted International Convention on the Protection of All Migrant Workers and Members of their Families was created and adopted by the United Nations in 1990. This treaty is not yet in force, but the number of States Parties is increasing towards the required 20. In the past few years the human rights machinery of the United Nations has increased its attention towards migrants' human rights, appointing in 1999 the Special Rapporteur on the Human Rights of Migrants. Governments, as the acceding parties to international human rights instruments, remain the principal actors as guardians of the human rights of all individuals residing in their territories. Receiving countries are in a key position in the protection of the migrants that they host. However, active defence of migrants' rights is politically difficult in many countries where anti‐immigrant factions are influential. Trafficking in migrants is one example of the complexity faced by states in formulating their migration policies. On the one hand, trafficking has made governments increasingly act together and combine both enforcement and protection. On the other, trafficking, with its easily acceptable human rights concerns, is often separated from the more migration‐related human smuggling. The latter is a more contentious issue, related also to unofficial interests in utilizing cheap undocumented immigrant labour.     

Institutional Pressures and Organizational Capacity: The Case of Outcome Measurement1

A central claim of new institutional theory is that organizations in a field come to exhibit shared characteristics over time. Recent literature emphasizes variation across field members, but has yet to concur on why differences occur. This study tests institutional explanations for the uneven implementation of one organizational practice—outcome measurement, an evaluative technique used to assess the impact of an organization’s programs. We analyze data from a new survey investigating the practices of nonprofit organizations (N = 379) and argue for the inclusion of the concept of organizational capacity to account for the uneven implementation of outcome measurement. As predicted by new institutional theory, organizations are more likely to adopt outcome measurement if key actors promulgate its use. However, the implementation of outcome measurement is best explained by the addition of the concept of organizational capacity alongside variables drawn from new institutionalism. Nonprofits with adequate organizational capacity, operationalized—following Weber’s concept of bureaucracy—as the presence of written rules and members with specialized knowledge, are better able to respond to isomorphic pressures to implement a new organizational practice. Our findings expand scholarship that examines the intersection of institutional dynamics and organizational traits in accounting for patterns of implementation of practices across an organizational field.     

Elder Abuse and Neglect in Institutional Settings: The Resident's Perspective

This article strives to share research findings concerning the rights and empowerment of the elderly living in various long-term care (LTC) or residential care facilities (public and private sectors) in Quebec, Canada. Inspired by the theories of constructivism, the research aims to understand the residents’ perception of abuse, as well as the strategies they are developing to exercise their rights and liberties. Data from semistructured interviews with 20 residents, mostly very old women aged 80 to 98, are presented. Results show that residents’ perception of abuse: (1) is conditioned by sensationalistic media coverage; (2) is limited to physical mistreatment; and (3) tends to legitimize day-to-day infringements of their rights, as these “minor” violations seem inoffensive when compared to the “real” acts of violence reported in the media. Tensions that can build up among residents, sometimes resulting in intimidation or even bullying, were addressed.     

Americans’ Perceptions of Commitment to Strong Families Across Race and Ethnic Groups

Theories of prejudice examining perceptual differences of in-groups and out-groups, such as social dominance and group threat perspectives, have found them to be important in generating hegemonic identity formations. This study uses data from the General Social Surveys to explore how these hegemonic group perceptions influence attitudes toward stronger families using race and ethnic groups as proxy measures where Whites are considered the in-group. A modified ecosystemic-interactionist approach along with elements from group threat and social dominance theories as support was used to investigate the underlying premise that group membership influenced respondents’ perceptions of their own family vis á vis others. Overall, the study found support for the underlying premise that membership influenced group perceptions, group knowledge, and group beliefs about commitment to strong families. Additionally, these findings suggest that groups develop most of their beliefs and subsequently their attitudes from limited interaction with those they perceived to be in the out-groups. Other social factors, including media portrayals, geographic propinquity, and education, also play a role in group perceptions, group knowledge, and group beliefs about commitment toward strong families. They support the social dominance and group threat theories that give rise to hegemonic structure within the United States.     

Navigating Globalization: Immigration Policy in Canada and Australia, 1945–20071

Scholarship on immigration and globalization has failed to adequately analyze the nation‐state’s regulatory capacities, insisting instead that contemporary patterns of migration jeopardize national sovereignty and territoriality. While recognized that states possess the legitimate authority to control their territorial and membership boundaries, recent transformations of these capacities remain largely unanalyzed. This article’s historical analysis of Australia and Canada’s postwar immigration policies demonstrates that the contours of state regulation are intimately connected to the exigencies of state administration and nation building and—in contrast to the expectations of dominant theories—have intensified and expanded within the globalization context. The literature’s inattention to the fundamentally political nature of immigration has obscured the critical effects of national policies within both the migratory and globalization process. Australia’s and Canada’s contemporary policies constitute a unique model of migration control and reflect attempts by both countries to strategically position their societies within the global system and resolve a number of economic, political, cultural, and demographic transitions associated with globalization.     

The United Nations Convention on the Rights of the Child: Its Relevance for Adolescents

The United Nations Convention on the Rights of the Child (CRC, United Nations General Assembly, 1989) is a transformative document which has already improved the lives of millions of young people worldwide. Ratified into law by the majority of the countries of the world, it is the first human rights treaty focusing specifically on the rights of individuals under 18 years of age. The rights described in the treaty, however, are often seen as more important for younger children than for adolescents. This policy statement reviews the germane research on the period of adolescence and affirms that the protections and entitlements in the CRC are as important for adolescents as for younger children. Recommendations for policy and research are included.     

John Porter Lecture: Liberal Nationalisms Revisited

Liberal Nationalisms: Empire, State and Civil Society in Scotland and Quebec argues that the emergence and character of nationalism are directly related to changes in patterns of political rule and the liberal settlements that underlay that rule. The focus is on the emergence of two nationalist groups in Scotland and Quebec at the beginning of the twentieth century: the Young Scots’ Society and Ligue nationaliste canadienne. They exhibited liberal nationalisms differently (1) in response to the British Empire's predatory imperial policies, (2) in the perception that their states had failed to effectively accommodate the Scottish and French Canadian nations, and more problematically (3) on the place of organized religion in civil society. Their responses suggest the emergence of two quite distinct liberal nationalisms: one in which the emphasis was on universal individual rights, and the other in which particular group rights were more clearly favored. The article offers some further reflection on the relationship between nationalism and liberalism, specifically on the existence of a symbiotic relationship and more generally that liberalism is successful when embedded in nationalism.     

Evolutionary Process of Social Capital Formation through Community Currency Organizations: The Japanese Case

Community currency systems are said to influence the revival of communities by promoting either local economic growth or social capital accumulation. However, no empirical studies have examined the multiple competing mechanisms for providing social support through transactional networks among participants. The current study connects network structural concepts to theories of social capital, transaction costs, homophily, and resource dependency at multiple levels and evaluates transactional relationships for community rebuilding and local economic development. We examine the evolutionary process of dynamic networks among local residents or organization members with network configurations in one of the largest Japanese community currency systems, “Peanuts.” Using longitudinal network data over 12 years for approximately 1400 actors, we conclude that the evolution and achievement of transactional network dynamics and partner selections differ between the two groups of participants: individual members and organization members. We also provide practical implications for sustaining participants’ transactions and commitment.     

Beyond organizational ties: foundations of persistent commitment in environmental activism

ABSTRACT

Movement scholars commonly treat persistent commitment as an aspect of activism that is set in motion when recruits join a group or organization. To investigate the phenomenon of sustained activist commitment that exists separately from or in addition to organizational membership, I examine activist commitment to environmental causes. I base this analysis on thirty open-ended interviews, averaging eighty minutes, with activists whose persistent commitments to environmental causes range from ten to fifty years. I (a) identify patterns that long-term environmental activists express in their personal biographies and activist trajectories, (b) generate insights about commitment mechanisms that exist independently of organizational membership, (c) discuss how existing conceptions of activist commitment might be extended. I recommend that scholars look beyond organizational ties to pinpoint specific mechanisms that produce and sustain activist commitment to causes. I find that committed environmental activists link their activism to strong connections with nature, biographical influences, individual tactics, and personal missions rather than to organizations.     

Dealing with Migrants in the Central Mediterranean Route: A Legal Analysis of Recent Bilateral Agreements Between Italy and Libya

Dealing with the current flow of migrants flocking to the shores of southern European countries remains high on the international agenda. At the end of 2016, 276,957 migrants were waiting in Libya to cross the sea. Many of them were subject to human rights violations and abuses such as arbitrary detention, torture, unlawful killings, sexual exploitation and even slavery (IOM, 2017). The international response has been, so far, insufficient and new ideas and practices are urgently needed. After providing an overview of the legal framework and of the efforts carried out by the relevant international and regional organizations, this article focuses on recent treaties concluded between Italy and Libya, and argues that the new bilateral agreements represent an example of how States are responding to this challenge in an attempt to strike a balance between the need to strengthen the protection of migrants’ rights and the necessity to guarantee the security of national borders.     

Citizenship rights for immigrants: national political processes and cross-national convergence in western Europe, 1980-2008

Immigrant citizenship rights in the nation-state reference both theories of cross-national convergence and the resilience of national political processes. This article investigates European countries' attribution of rights to immigrants: Have these rights become more inclusive and more similar across countries? Are they affected by EU membership, the role of the judiciary, the party in power, the size of the immigrant electorate, or pressure exerted by anti-immigrant parties? Original data on 10 European countries, 1980-2008, reveal no evidence for cross-national convergence. Rights tended to become more inclusive until 2002, but stagnated afterward. Electoral changes drive these trends: growth of the immigrant electorate led to expansion, but countermobilization by right-wing parties slowed or reversed liberalizations. These electoral mechanisms are in turn shaped by long-standing policy traditions, leading to strong path dependence and the reproduction of preexisting cross-national differences.     

Labour Market Realism and the Global Compacts on Migration and Refugees

The Global Compacts on Migration (GCM) and Refugees (GCR) include policy recommendations that aim to increase opportunities for legal labour migration, improve protections for migrant workers, and provide refugees with ‘complementary pathways’ to enhanced protection via labour mobility. This paper explains why there are large gaps between these policy recommendations and the labour market policies and realities in the countries that host most of the world’s migrant workers. These gaps between ideals and realities are likely to limit the effective implementation of the GCM/GCR recommendations on labour migration. More ‘labour market realism‘ is needed to incrementally but effectively improve protections for migrant workers.